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(A) All uses, except agricultural and forestry uses, shall comply with the requirements of this section.
(B) In order to determine whether a proposed use will conform to the requirements of this chapter, the county may obtain a qualified consultant to testify, whose cost for service shall be borne by the applicant.
(1) Fire protection. Fire prevention and fighting equipment acceptable to the State Fire Marshal shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(2) Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
(3) Electrical disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
(4) Vibrations. Vibrations detectable without instrument on neighboring property in any district shall be prohibited.
(5) Odors. No malodorous gas or matter shall be permitted which is discernable on any adjoining lot or property.
(6) Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substances shall be permitted which is harmful to health, animals, vegetation, or other property.
(7) Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
(8) Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Erosion control measures must meet applicable standards set forth herein.
(9) Water pollution. Water pollution shall be subject to the standards established by applicable State and Federal agencies.
(10) Design release.
(a) If an application for an improvement location permit relates to a commercial or industrial use, it must be accompanied by a design release, subscribed by a registered professional engineer of the state, stating that, in his or her professional judgment, the use should meet the performance standards specified herein.
(b) After a ten-day period has elapsed during which the Zoning Administrator has not required additional information or received objections in writing, he or she shall issue the permit.
(Prior Code, § 153.033) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999
No land shall be used, or structure erected, where the land is unsuitable for such use or structure due to unfavorable topography, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the county. In addition, the following standards must be met.
(A) Existing features which would add value to residential development or natural or human-made assets of the county such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design.
(B) No alteration of the shore line or bed of a public lake or river shall be made until written approval is obtained from the State Department of Natural Resources, and the provisions hereof and other applicable regulations of this chapter are complied with. Alterations include, among other things: filling of the lake, river, or wetlands; the construction of channels and seawalls; dredging of the lake or riverbed; and ditch excavation within one-half mile of a lake.
(C) All development must be in compliance with applicable sections of I.C. Title 13
, as amended, as it relates to Air Pollution Control and Water Pollution Control.
(D) Debris and refuse shall not accumulate on any property, in any zoning district.
(E) Bricks, concrete, lumber, and other material used for fill where permitted by this chapter and/or by the Board of Health, DNR or other governmental agency, shall be promptly covered and seeded.
(F) No waste materials, such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial, or agricultural waste, or any other material of such nature, quantity, obnoxiousous, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to runoff, seep, or wash into surface or groundwaters.
(G) Any part or portion of the site which is not used for structures, loading, or parking spaces, sidewalks, and designated storage areas shall be landscaped or left in a natural state. If landscaped, they shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with the development plan and/or improvement location permit application and shall be in keeping with natural surroundings. Any areas left in a natural state shall be properly maintained in a sightly and well kept condition.
(H) The following activities are permitted with no improvement location permit required; provided all other applicable standards are met:
(1) Normal excavation for structural foundation, driveways, utility installations, and similar preparation activities;
(2) Normal plowing and working of land for gardens and yards;
(3) Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation;
(4) Earth movements related to farming and other agricultural activity, including sod farming;
(5) Public and private road construction;
(6) Drain tile laying and ditch cleaning;
(7) Top soil removal, other than mineral extraction (as defined); and/or
(8) Forest management activities such as timber harvesting and timber stand improvement, including sawmills on property where the lumbering is being done.
(Prior Code, § 153.034) (Ord. 93-02, passed 2-1-1993)
The density transfer option is available in AG, RR, and R-1 Zoning Districts to establish a mechanism for cooperation between the county and land developers in providing open space and recreational lands in developing areas of the county.
(A) Criteria for use. This option shall only be permitted if one of the following two conditions are met:
(1) The County Park Board must determine that there is a need for public recreational land in the area proposed for development, and must agree to maintain the property if it is dedicated to the county; or
(2) Private maintenance provisions must be incorporated into the land development proposal.
(B) Minimum lot size. The minimum lot size permitted when utilizing the density transfer option shall be as stipulated in Table B in § 155.028, with the following criteria being utilized to govern the reduction of lot sizes from that which is normally permitted:
(1) Land with 0-25% slope receives full credit toward the reduction of lot sizes;
(2) Land with a slope of 25% or greater receives half-credit toward the reduction of lot sizes; and
(3) Land in flood zone areas receives half-credit toward the reduction of lot sizes.
(C) Sketch plan. Upon submittal of a sketch plan, as required by the County Subdivision Control Ordinance an advisory meeting shall be scheduled with the Planning Director to review the plan and discuss the possibility of utilizing the density transfer option. If the option is utilized, the preliminary and final plats of the subdivision shall accurately delineate slopes exceeding 25%, flood prone areas, and any other natural land feature that may influence building locations. Finally, that portion of the site which would be dedicated to the county otherwise protected shall be clearly delineated.
(D) Health Department approval. Any plan for development of property not served by a sewer system shall be required to have the State and County Health Department approval for suitability and adequacy of lots for septic systems.
(Prior Code, § 153.036) (Ord. 93-02, passed 2-1-1993)
It shall be the responsibility of the owner of any lot or parcel of land developed for any use, other than those listed in § 155.034, to obtain an improvement location permit from the office of the Zoning Administrator. If the site has significant potential for drainage and erosion problems as determined by the Administrator, or in consultation with the County Soil and Water Conservation District representative, then the issuance of this permit shall include the review and approval of a drainage and/or erosion control plan, as specified in this section, unless provision for drainage and erosion control has been handled under the Subdivision Control Ordinance.
(A) If required, an erosion control plan must be submitted as a part of an improvement location permit application. In addition to the information required herein, an erosion control plan must be submitted detailing measures to be implemented during and after construction on a form provided by the Zoning Administrator, or County Soil and Water Conservation District and approved by the Soil and Water Conservation District.
(B) All general development must comply with 327 I.A.C. 15-5-2. In addition, a notice of intent must be submitted and a permit received from the State Department of Environmental Management prior to issuance of an improvement location permit, if one of the following applies:
(1) If an individual home construction will disturb five acres or more;
(2) If commercial or industrial construction will disturb one acre or more based upon a lot size of one acre or more; or
(3) All strip development, unless the total combined disturbance on all individual lots, is less than one acre and is not part of a larger common plan of development and sale.
(C) Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil. Whenever possible, existing natural surface drainage may be utilized. To the maximum extent, there shall be no increased peak discharge or runoff rates as a result of the development unless downstream systems are sufficient to accept the discharge.
(D) Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When additional surface drainage is required, adequate easement for such drainage shall be provided.
(E) On site detention storage of stormwater shall be required where necessary as determined by the Administrator, or in conjunction with a County Soil Conservation District representative in order to prevent damage to adjoining properties.
(F) As required, a drainage plan must be submitted as a part of an improvement location permit. In addition to the information required herein, the Drainage Plan must include the following information:
(1) Existing and proposed grading showing positive drainage by contouring or sufficient spot elevations;
(2) Location of all existing or proposed swales, ditches, culverts, drainage channels, surface and subsurface drainage devices, and the direction of flow;
(3) Illustration of the surface drainage pattern of the site away from structures;
(4) Final distribution of surface water off-site, either preventing or planning for surface ponding;
(5) Demonstration of capability of accommodating the ten-year design rainfall intensity, or a rainfall of greater intensity, without endangering the public safety and health, or causing significant damage to property;
(6) A certificate of sufficiency that resembles the format as shown on the following page shall be submitted along with the plans; and
(7) Detention storage facilities, if required, shall submit the following additional information:
(a) Plans for storage of and a controlled release rate of excess stormwater with adequate detention storage to ensure that the release rate of stormwater following and during developments, redevelopments, and new construction shall not exceed the stormwater runoff from the land in its present state of development (present state of development means state of development as of January 1, 1993); and
(b) Detailed computations to show that peak rate following and during construction shall not exceed the stormwater runoff rate in its present state of development.
1. The computations must indicate that runoff will not be increased and must include computations of runoff before and after development.
2. The computations must demonstrate that the peak runoff rate after development for the 100-year return storm of critical duration will not exceed the ten-year period predevelopment peak runoff rate.
3. The critical duration storm is that storm duration that requires the greatest detention storage.
(G) (1) Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance, as originally constructed and as approved by the County Highway Department.
(2) Driveways or other approved structures may be constructed over these as permitted by the County Highway Department, with adequate provision for the flow of surface drainage.
(H) No permanent structures other than a fence may be erected, and, if erected in violation of this section, no such structure may be used if the location is within 75 feet of the center line of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch or as determined by the County Surveyor.
(I) No cut or fill grade shall exceed a slope of three to one ratio or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface areas, including cuts or fills on land naturally exceeding a three to one ratio in slope.
(J) (1) All lands, regardless of their slope, from which structures, or natural cover have been removed or otherwise destroyed, shall be appropriately graded or seeded within a reasonable time of such activity.
(2) The phrase “a reasonable time” shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
(3) Temporary vegetation or mulching shall be used to protect exposed areas during development.
(K) All drainage and erosion control systems must be safe to persons and maintained at all times. All land disturbing activities on site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time.
(Prior Code, § 153.037) (Ord. 93-02, passed 2-1-1993; Ord. 2009-19, passed 12-7-2009)
OVERLAY DISTRICT REGULATIONS
The following set of zoning requirements are applied to specific areas of the county in addition to the requirements of the underlying use districts. Development within overlay districts must conform to the requirements of both districts, or the more restrictive of the two.
(Prior Code, § 153.050) (Ord. 93-02, passed 2-1-1993)
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